REPRESENTATIONS AND WARRANTIES OF PONDER TRUE AT EFFECTIVE XXXX. The representations and warranties of Ponder herein contained shxxx xx, in all material respects, true as of and at the Effective Date with the same effect as though made at such date, except as affected by transactions permitted or contemplated by this Merger Agreement; Ponder shall have performed xxx xomplied, in all material respects, with all covenants required by this Agreement to be performed or complied with by Ponder before the Effective Xxxx.
